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Ex parte Quirin

United States Supreme Court

317 U.S. 1 (1942)

Relevant factsFree

During World War II, a group of German military saboteurs (defendants) secretly landed by submarine on American shores, discarded their military uniforms, and carried explosives to destroy American war industries. They were captured and held for trial before a military commission created by presidential executive order to try violations of the law of war and the Articles of War. The saboteurs petitioned for habeas corpus in federal district court, which was denied. They sought certiorari directly from the Supreme Court before the court of appeals ruled, and certiorari was granted.

IssueFree

Whether Congress and the President may constitutionally place unlawful combatants on trial before a military commission for offenses against the law of war.

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